MOHAN BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Athagarh Excise P.R. No.55 of 2023-24 corresponding to Special Case No.07 of 2023, pending in the file of the learned Addl. Sessions Judge-cum-Special Judge, Athagarh for commission of offence punishable under Sec. 20 (b) (ii) (c) of the NDPS Act.

(2.) The prayer for bail of the petitioner has been rejected on 7/11/2023 by the learned Addl. Sessions Judge, Athagarh. This case is listed before me as BLAPL No.11527 of 2023 filed by co-accused-Sinu Beero has been rejected by this Court by order dtd. 17/10/2023.

(3.) The prosecution allegation in brief is that on 30/7/2023 at about 4. 15 a.m. 100 Kgs of non-duty paid ganja has been seized from the conscious and exclusive possession of the petitioner and co-accused, Sinu Beero who were travelling in a Scorpio vehicle bearing registration No.OR-02-BJ-9191. As they could not produce any documents in support of the transportation, the ganja was seized and they were arrested.